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serious rights violations. In Sri Lanka, the United Nations development and
humanitarian branches were unable to fully address the United Nations political and
human rights priorities. Failures identified included a United Nations system that
lacked an adequate and shared sense of responsibility for human rights violations;
an incoherent internal United Nations crisis-management structure which failed to
conceive and executer a coherent strategy in response to early warnings and
subsequent human rights and humanitarian law violations against civilians; the
ineffective dispersal of United Nations Headquarters structures to coordinate United
Nations action and to address international human rights and humanitarian law
violations across several different United Nations Headquarters entities in Geneva
and New York; a model for United Nations action in the field that was designed for
a development rather than a conflict response; and inadequate political support from
Member States as a whole. 27
85. The Sri Lanka experience contributed to the development of the Secretary General’s “Rights up front” initiative which seeks to ensure better organizational
preparedness to meet the challenges of safeguarding human rights and protecting
civilians in complex crises.
VIII. Essential elements of post-violence responses and
transitional justice
86. Essential to immediate post-violence responses and the prevention of further
violence is the provision of full assistance to affected communities, including
humanitarian assistance, the institution of appropriate security measures to ensure
protection, and a full and independent investigation of incidents of violence. Such
measures must be urgently implemented, where necessary with the assistance of
regional bodies and the international community where the capacity of governments
is inadequate or where they are implicated as perpetrators of violence. In the short
term, dialogue with communities is vital to understanding the needs of affected
communities and to building confidence. Measures to ensure the secure return to
their homes of those displaced by violence must be undertaken at the earliest
opportunity to avoid long-term displacement.
87. Accountability and tackling impunity for violent crimes are essential to
ensuring justice and post-violence reconciliation. Transitional justice requires that
the truth about the past be investigated and told, the provision of compensation for
material and immaterial losses, the return to societal stability and the restoration of
full respect for human rights. Perpetrators on all sides must be held accountable as a
means of rebuilding societies damaged and fractured by violence and as a deterrent
to further violence. Justice and accountability may be achieved in various ways,
which can include truth, justice and reconciliation processes; commissions of
inquiry; judicial processes; and incorporation of traditional forms of resolution and
reconciliation. Such mechanisms have demonstrated an ability to begin a process of
healing the wounds inflicted on communities and societies in such cases as Rwanda,
South Africa and Northern Ireland.
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Report of the Secretary-General’s Internal Review Panel on United Nations Action in Sri Lanka.
Available from www.un.org/News/dh/infocus/Sri_Lanka/The_Internal_Review_Panel_report_
on_Sri_Lanka.pdf.
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